Marijuana DUI in California Information

street light pchWith the latest reports that Colorado has passed a bill with stringent stipulations for a THC legal limit in the blood, where does California stand on the issue? In the past DUIs of drugs or controlled substances did not have a set legal limit.

This is still the case in California.

In Colorado however, the legal limit is now 5 nanograms of THC, and any driver caught above this legal limit faces the same charges as an alcohol intoxicated arrestee.

A per se limit for marijuana intoxicated driving would create a multitude of disputes including the following facts:

  • Marijuana can stay in the system for as many as 30 days
  • THC consists of more than one ingredient which has varying effects. Scientists call these the active and inactive ingredients
  • What about marijuana patients who have become immune to impairment side effects?

There are more arguments to this story. For defendants in California Marijuana DUI cases, if per se limits were established it could mean good news or bad news depending on whom you’re asking. Currently there is a zero tolerance policy for being under the influence of marijuana while driving in California. So any trace could potentially lead to a DUI. On the other side of the coin, the prosecution must prove that the driver was impaired by the substance. These rules apply to even Marijuana patients.

If you or someone you know has been arrested for Marijuana DUI in California or Marijuana Possession, contact a DUI Defense Attorney right away. There are varied safe access guidelines in each county or city that a lawyer can help to clarify. And based on the specific circumstances of the case, a defense attorney who’s versed in DUI is able to compose a defense for getting the best case outcome. Contact MacGregor and Collins at 949-250-6097 today.

Stay in the know about new DUI laws in California by bookmarking this blog.

Source: Huffington Post – “Too Stoned To Drive? Marijuana DUI Bill Passes Colorado House”

 

101 freeway signSobriety checkpoint laws vary from state to state. While some states deem this practice as entirely legal, a DUI case stands the possibility of dismissal if it’s found that a checkpoint was the source of an arrest.

Currently most states operate DUI roadblocks legally. There are 12 states where this is regarded as an illegal practice.

Which States Outlaw DUI Checkpoints?

These include:

  1. Iowa
  2. Alaska
  3. Idaho
  4. Michigan
  5. Minnesota
  6. Montana
  7. Oregon
  8. Rhode Island
  9. Texas
  10. Washington
  11. Wisconsin
  12. Wyoming

In addition, some states conduct these at varied frequencies including weekly, biweekly, monthly or even as many as ten per month in states like Nebraska. That being said, California does conduct sobriety checkpoints under state and federal laws. More details on California DUI checkpoints include:

  • These are conducted at least 2,500 times annually – which means at least 100 per month spread throughout the state.
  • Checkpoints must be scheduled in advance as well as announced to the public ahead of time.
  • A supervisor must be present during the checkpoint.
  • California police must ensure that everyone is safe during the checkpoint, which means setting up the base in a well-lit area, that proper signals are used when stopping drivers without incident and more.
  • California police must be unbiased when making stops, which means using a sequence to determine which vehicles are pulled over. This could mean every second or third car as an illustration.
  • California police when conducting DUI stops should make this as brief a session as possible to adhere to the rights of individuals.

These are just a few examples of some of the rules used in DUI checkpoints – for California. The rules vary in other states.

Get Help with California DUI

Do you need help with a recent DUI arrest or pending trial? Contact a defense lawyer now at 949-250-6097.

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There are many repercussions to DUI in Newport Beach – as with anywhere else in the state of California. Before getting behind the wheels of a vehicle while intoxicated, consider having to deal with the following consequences – even if this is your first offense:

First time DUI offenders will be penalized by the possibility of going to jail for up to six months. The fines can include $390 or up to $1000 as the maximum fee.  In addition, offenders will have to do without their driver’s license for some time, as it will be suspended based on the timeframe ordered in court.

The DMV will also impose its own penalties regarding whether to suspend a license or keep it in effect. As an additional note, if you’ve been recently arrested of DUI, you get a ten day window to appeal before the DMV for a license extension of 30 days until the case is sorted in court. A lawyer can also help with this process to bring you a more favorable outcome.

Other fines include attending a DUI school in the county, furnishing proof that you did so, and also being served an informal probation for a few years.

One serving of alcohol can leave you facing all these circumstances. However, there’s hope if you’ve slipped up and need help with defense. Some include faulty chemical tests, not actually being intoxicated with a blood alcohol count of 0.08% – as an adult. For a minor under 21, this percentage would be 0.01%. The good news is that  a Newport Beach DUI attorney can help bring the best possible outcome for your case, whether you’re guilty or innocent.

If you are facing DUI charges for California Vehicle Code Section 23152, the DUI criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.

What is Felony Hit and Run?

California Penal Code Section 20001 defines Hit and Run as failing to stop at the time of an accident, especially if someone was injured or killed.

Determining Factors of Hit and Run:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Hit and Run CVC 20001 is no different, and these factors include:

  • The accused is did not stop, even after someone was injured or killed
  • The accused knew that an accident transpired, but failed to stop anyway
  • The accused failed to exercise the mandatory practices outlined below

Outlined in the code are:

  • If an accident occurs, the driver should always come to a stop
  • The able driver should assist where necessary and reasonable, and immediately contact authorities for help or notification of the injury, accident or death
  • All able drivers will need to furnish his or her ID to the police

Penalties for California Penal Code 20001

The fines and punishments for Hit and Run, if convicted, include:

If the accident involved general injuries, the penalties are:

  • Felony: Jail: up to 1 yr or Prison: 16mths, 2 or 3 yrs | Fines: $1,000-$10,000 | Victim Restitution

In addition, the DMV will deduce two points from the offender’s driver’s license.

If the accident involved serious injuries or death, the penalties are:

  • Felony: Jail: up to 1 yr or Prison: 2, 3 or 4  yrs | Fines: $1,000-$10,000 | Victim Restitution

How to Hire a Orange County Law Firm for Hit and Run:

Choosing a lawyer can help to reduce felony charges to a misdemeanor.  A hit and run involving fatalities is a serious offense, but it there’s hope for defense. If you’ve been accused of felony hit and run under California Vehicle Code 20001, Call MacGregor and Collins at 949-250-6097 today.

Quick Resource

Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.

Failure to obey speed limits is considered to be an infraction under California laws.

Determining Factors of California Vehicle Code 22350

California Vehicle Code 22350 details that:

  • All drivers will need to adhere to speed limits, but should also weigh and reduce speed based on:
  • The weather, visibility, level of traffic, the surface and condition of the road and more.
  • The driver will also need to reduce the speed based on the well being and safety of themselves and the public at large

Penalties for California Penal Code 22350

The fines and punishments for this minor traffic offense. Offenders will be issued a ticket that is written for $328.

How to Hire a Orange County Traffic Defense Lawyer:

There are some minor traffic offenses which can be escalated to bigger ones, based on aggravating factors such as DUI, or DUID. A lawyer can help to possibly stop driver’s license point deduction or suspension. Call MacGregor and Collins at 949-250-6097 today.

MacGregor and Collins defends Tustin hit and run cases. We can help to lower the fines, or prove your innocence.

Tustin hit and run can trigger high insurance rates, and even deportation for lawful permanent residents.  If you’ve been falsely accused of hit and run, contact a Tustin criminal defense lawyer by at 949-250-6097, or visit 1000 Quail Street, Suite 110, Newport Beach, CA 92660.

MacGregor and Collins understands the different classes of charges that hit and run cases are classified into. These include:

  • Hit and run with property damage
  • Hit and run with injury
  • Hit and run with death

The consequence range from misdemeanor to felony charges. Westminister hit and run exercises the same statutes as general California hit and run laws. Contact a Westminister criminal defense lawyer by calling 949-250-6097, or visiting  1000 Quail Street, Suite 110, Newport Beach, CA 92660.

MacGregor and Collins gets involved in researching the details of Stanton Hit and Run cases.

We know you could be innocent. As an example, another driver may have caused the accident, while you were not in the vehicle. Still, he or she could have reported that you were. Stanton hit and run requires both drivers to exchange their information, regardless of who caused the accident. Additionally, someone else may have been driving at the time, or you might’ve been unaware of the rules for Hit and Run.

Contact a Stanton criminal defense lawyer by calling 949-250-6097, or visiting  1000 Quail Street, Suite 110, Newport Beach, CA 92660.

MacGregor and Collins has practiced traffic, vehicular and criminal law within Yorba Linda for the past three decades. The legal defense team understands the strategies needed to fight and win – lower or dismissed fines.

Yorba Linda hit and run is penalized by heavy fines, and out-of-courtroom consequences, such as a higher insurance premiums and a criminal record – if convicted. Don’t  wait another day if you’ve been arrested or accused of a hit and run. Contact a Yorba Linda criminal defense lawyer by calling 949-250-6097, or visiting  1000 Quail Street, Suite 110, Newport Beach, CA 92660.

MacGregor and Collins has handled several hit and run cases over the last thirty years.

An Orange hit and run can happen to just about anyone, even those who have always considered themselves to be law abiding citizens. Since no one knows exactly how they’ll react in a state of shock, it’s quite common for driver’s to flee the scene of an accident, even if there’s nothing to hide. If you’ve been recently involved in a motor vehicle accident, and the scene was abandoned as a hit and run, contact an Orange criminal defense lawyer right away by calling 949-250-6097, or visiting  1000 Quail Street, Suite 110, Newport Beach, CA 92660.

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